For those that suffer from cardiac vulnerabilities due to heart disease or previous health heart problems, a health club may be a catalyst for your condition, placing you at an increased risk for a heart attack. Nonetheless, if a member was to suffer a heart attack, gyms and health clubs in New Jersey must have a defibrillator that is easily locatable and fully functional. Any flaws or errors within the system should be addressed prior to any emergency situation.
Suffering an injury or losing a loved one due to negligence in a gym or health club is devastating. The angst, confusion, and fear a family undergoes can dramatically alter their future, especially if the victim was the primary source of income for the household. Discussing your legal options with a heart attacks in New Jersey gyms lawyer may provide insight into how you could file a lawsuit against a negligent health club on behalf of an injured or deceased loved one. Call today to schedule a consultation with one of our skilled attorneys.
New Jersey’s Legal AED Requirement
Gyms and similar facilities are required by New Jersey state law to have a minimum of one defibrillator on-site in the event a member suffers a heart attack, according to NJ State Statutes §2A:62A-31. Specifically, the owner of a gym must acquire at least one AED and store it in an easily accessible location.
Furthermore, the owner is responsible for ensuring the defibrillator is maintained and tested for emergency purposes. The health club must also have at least one employee that is trained in CPR and the use of an AED in accordance with the provisions of section 3 of P.L.1999, c.34 (C.2A:62A-25).
Role of Liability Waivers
It cannot be denied that there are various ways to get injured at a gym. The club is filled with heavy objects, slippery surfaces, and high-powered devices with fast-moving parts. Moreover, an amateur may mistakenly attempt to perform an exercise that is too physically demanding for him or her, thus resulting in a strain, tear, fracture, or worse.
Gyms are generally conscious of this inherent risk. As a result, gyms usually make each member sign a liability waiver to cover them for a majority of these accidents. Theoretically, waivers indemnify the defendant, which is the health club in this case, against injury or wrongful death claims. However, it should also be noted that some such documents may be too general in their language and may not properly inform clients of all assumed risks.
Poor Gym Conditions
In any of these waivers, a commonly understood condition is that the facility is safe. However, a waiver may not be worth the paper if the site suffers from poor conditions such as:
- Broken equipment
- Dangerous or unsafe settings
- A lack of an AED
- Negligent trainers
- Loose cables and poorly built pieces
Helping New Jersey Gym Members Obtain Justice for Heart Attacks
Fitness trainers, as well as the owner of a health club, are responsible for the safety of their members. If a heart attack were to occur, staff should act according to their emergency action plan. If negligence impacts their ability to do so, however, a potential civil claim may come into play.
With the assistance of an experienced heart attacks in New Jersey gyms lawyer, you may be able to put together a claim based on the negligence of the owner to obtain fair compensation for a preventable death or injury. For more information, contact our firm today.